Keri became an assistant professor of education in August 2000 at Indiana University-Purdue University - Fort Wayne and was
notified in April 2003 that his contract wouldn't be renewed because of unsatisfactory performance. Two students, Hartman
and Swinehart, immediately filed sexual harassment complaints against him.

Keri ultimately sued in Allen Superior Court on grounds of defamation, alleging the two graduate students had conspired to
commit slander against him. The trial court granted a motion for summary judgment on the allegation of malicious interference
with Keri's employment contract but denied it on the defamation issues. The court found a material of fact on the issue of
whether Swinehart and Hartman had abused the protection of qualified privilege that had been extended to the anti-harassment
proceeding.

The Court of Appeals reversed in a Dec. 27, 2006, opinion and granted summary judgment for the students, holding that "absolute
privilege is essential to protect the integrity of the judicial functions embodied by the anti-harassment proceeding."

In a separate dissenting opinion, Judge Carr Darden disagreed with the majority and noted that absolute privilege should not
apply, that the statements by Hartman and Swinehart could potentially get qualified privilege protection, and that the Purdue
proceedings don't rise to the level of "judicial process." He noted that the proceedings lacked representation of counsel,
testimony under oath, cross-examination, and a legal remedy - therefore, the statements must be put to the test.

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